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Delhi High Court

Transfer of shares cannot be construed as transfer of assets

June 17, 2019 9534 Views 0 comment Print

M/s. Gillette India Limited Vs Delhi Development Authority (Delhi High Court) It is well settled that shares of a company are a separate asset wholly distinct from the assets held by the company. In the present case, there was dilution of the share capital of TGC as well as transfer of shares held by the […]

Non Filing of Income Tax Return | Offence under Section 276CC

June 16, 2019 17796 Views 0 comment Print

Offence under section 276CC stood committed upon the non-filing of return under section 142(1) within the prescribed time limit. Hence, no case was made out for discharge of assessee.

Genuineness / creditworthiness of parties from whom share capital/premium received

June 12, 2019 1176 Views 0 comment Print

Pr. CIT Vs Adamine Construction (P) Ltd. (Delhi High Court) The material on record in the form of the orders of the lower appellate authorities disclosed that both the assessee and later the share applicants (upon receiving notice under Section 131 of the Act) had produced documentary proof. These included the assessments and income-tax returns […]

Substantial justice deserves to be preferred over technical considerations

June 12, 2019 3681 Views 1 comment Print

Pr. CIT Vs M/s. E Smart Systems Pvt. Ltd. (Delhi High Court) It is relevant to state that AO in his remand report dated 10.10.2016 did not dispute the veracity of the additional evidences furnished by the assessee and further learned CIT(A) did not admit the additional evidences purely on technical ground which is wholly […]

HC dismisses Assessment Order passed by AO to defeat VAT Refund

June 11, 2019 6981 Views 3 comments Print

Rockwell Industries Vs Commissioner of Trade & Taxes & Anr. (Delhi High Court) HC held that it appears to us that in the present case the default assessment order has been generated only to defeat the refund claim of the petitioner, which, in any event, ought to have been paid well before the impugned orders […]

Enable filing of rectified TRAN-1 electronically or accept it manually: HC

June 11, 2019 909 Views 0 comment Print

Arora & Co. Vs Union of India & Ors. (Delhi High Court) Senior Standing counsel for GST submits that petitioner was given an opportunity to submit evidence to demonstrate technical glitch for re-considering his request, however, he failed to do so and thus his representation was rejected. He submits that as per GST system logs, […]

ITAT Member Selection Board can evolve its own procedure

June 10, 2019 4509 Views 0 comment Print

Puneet Sharma Vs Union of India & Ors. (Delhi High Court) 649 applications were received by Department of Legal Affairs’ circular dated 06th July, 2018 for 37 members (Judicial/Accountant) in ITAT. Considering the huge number of applications received for the above-mentioned posts, the interim Search-cum-Selection Committee deemed it fit to conjointly read Section 252 of the […]

Section 14A Disallowance also on Strategic investments

June 9, 2019 4509 Views 0 comment Print

CIT Vs Alpha G. Corp Development Ltd. (Delhi high Court) High Court held that strategic investments have to be considered for disallowance under Section 14A but assessee is entitled to contend that the investments are legacy Investments or one-time investment and that there is in fact no expenditure incurred to earn the tax-free income. FULL […]

Anti-profiteering -Delhi HC stays NAA order

June 8, 2019 3852 Views 0 comment Print

Abbott Healthcare Private Limited & Anr Vs Union of India & Ors. (Delhi High Court) Delhi High Court has stayed the order passed by the National Anti-profiteering Authority wherein NAA had rejected the plea that CGST Section 171 was not applicable to reduction in rate of tax as compared with pre-GST indirect tax regime, and […]

Delhi HC directs GST Council to consider Petition of Wind Turbine

June 8, 2019 2973 Views 0 comment Print

The Court is of the view that the present petition also be placed for consideration before the GST Council. If there has already been a pre-consultation with the Petitioner then the petition be placed before the GST Council on the same date when it is considering the case of the Solar Power Developers Association.

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